THE NEW INDIA ASSURANCE CO. LTD. Vs. MALLIKARJUN

JUDGEMENT

(1.) IT is the case of claimant that on 17.09.2008 at about 1.00 a.m. when the claimant was travelling in a Tata Indica Car bearing Reg. No. KA 25/C -872 from Ankola to Hubli, near Mavalli cross a lorry bearing Reg. No. MH 09/L -6003 came and dashed against him. He sustained grievous injuries. He was admitted to hospital. He incurred huge medical expenses. He filed the instant claim petition under Section 166 of the Motor Vehicles Act seeking compensation for the injuries sustained. During the pendency of the petition he died. His only surviving heir, his wife, was impleaded as a legal representative. She prosecuted the petition claiming compensation on the death of her husband. The Tribunal awarded Rs. 16,66,571/ - along with 9% interest per annum. Questioning the liability and quantum saddled on the insurer, the present appeal is filed.

(2.) SRI Ravindra Mane, learned counsel appearing for appellant contends that the impugned order is bad in law and liable to be set aside. That, firstly, there is no nexus with the accident and the death. The accident took place on 17.09.2008. He died on 29.07.2010 almost one year 10 months after the accident. That the claimants have miserably failed to prove the nexus with the accident and the death. Hence, he pleads that the Tribunal committed an error in holding that the death was due to the accident.

(3.) HEARD learned counsels and examined the records.